Supreme Court Briefing Complete for Challenge to Michigan’s Retail Shipping Regulations

The final reply brief has been filed by Lebamoff Enterprises in their attempt to ship alcohol from Indiana to Michigan residents.  The petition of certiorari seeks to overturn the 6th Circuit’s decision upholding the Michigan law. The brief argues that there are circuit splits the court needs to address, that the 6th Circuit ignores previous…Read More

Supreme Court Passes on Taking Wal-Mart’s Appeal of Texas Retail Liquor Law

The Supreme Court today denied request of Wal-Mart to appeal its loss in the 5th Circuit of its “discrimination in effect” dormant commerce clause challenge to the Texas law restricting the sale of liquor to privately held companies.   The matter now returns to federal district court in Texas per the 5th Circuit ruling last year….Read More

Ohio Settles with One Defendant in 21st Amendment Enforcement Action, Possibly More On the Way.

The Ohio Attorney General has settled with one of the seven defendants from its groundbreaking 21st Amendment Enforcement Act lawsuit it filed in federal court.  Ohio and AWS Hopkins, LLC dba Ace Spirits have jointly agreed to a consent order that mirrors most of the concerns outlined by Ohio’s complaint. In the Consent Decree and…Read More

Motion to Dismiss and Response Filed in Ohio Retailer Shipping Case

The state of Ohio has filed its Motion to Dismiss the retailer shipping case brought by an Illinois retailer seeking the right to ship to Ohio consumers.  It notes several defects in the complaint centered around standing and redressability. The Defendant’s response to the state’s motion predictably disagrees with the state’s view citing the rich…Read More

Maricopa County Superior Court Denies Injunction Against Bar Closures

Judge Pamela Gates of Maricopa County Superior Court denied the request of 100 bars to toss the emergency restrictions placed on bars. A copy of her ruling can be found here. There are helpful articles (1, 2) that summarize her 14 page opinion. At this stage she is denying the emergency relief and appears to…Read More